Nov 1, 2000 Minutes

Harvey Ginsburg, professor from psychology, asked the Senate to consider taking action on what he considers to be questionable research practices by the Texas Dare Institute, a statewide tenant program housed in the Department of Criminal Justice.

Ginsburg said he would like to see the university reprimand the institute for twice failing to seek permission from the SWT Institutional Research Board to conduct research on minors enrolled in school systems serviced by the DARE program. Ginsburg and Bill Covington, Associate VP for research and sponsored programs, agreed that the institute was guilty of two infractions -- one involving a U.S. Department of Education grant, the other on a STEP grant originating from the governor's office.

Ginsburg said a reprimand is appropriate to preserve the integrity of the review process, which is designed to limit the mistreatment of human subjects in academic research. If punishment is not meted in this instance, he said, other researchers will feel entitled to ignore the IRB regulations as well. Further, he said, federal investigators might use the Institute infractions to freeze all federal grant money flowing the the university.

Covington did not dispute the contents of a five-page memo submitted to the Senate by Ginsburg, but he said he opposes a reprimand because the Office of Research and Sponsored Programs brought the Institute into compliance after the fact. Conceding that federal investigators probably would have legitimate cause to "hammer" the university, Covington said he is satisfied that ORSP acted quickly, appropriately, and decisively after discovering the problems. He said the fact that ORSP froze spending on the second grant until it was in compliance puts the university on fairly solid ground.

Senator Renick proposed a compromise, suggesting that Covington send the Institute a letter outlining the infractions and a copy of the evidence as a means of mitigating future enforcement actions against the university and to provide an adequate deterrent for the Institute. Covington said he did not feel such action was necessary. Chair Hays said she would seek the counsel of university attorney Bill Fly before Senate takes further action.

Krampitz told the Senate that the reimbursement of sick time on retirement currently is prohibited by state law, and that she did not anticipate the administration straying from that mandate. She said any such change must originate in the Legislature. The matter was referred back to committee for consideration of joining forces with TFA to seek legislative change during the next session in January.

Krampitz also clarified the policy on phased retirement faculty and summer teaching. She said the determination of summer load assignments still rests with the departments and that they are free to enforce their own policies for covering summer courses. Hiring phased retirement faculty is discouraged, she said, and should be used only when there is a compelling reason related to program delivery.

Senator Stone introduced a form to be used by academic deans to report decisions on performance/merit appeals to the VPAA. The form is designed to help the VPAA and Senate track appeals filed under provisions of PPS 7.10. After minor alterations to the document, Chair Hays said she would take it to the Council of Academic Deans for consideration.